SEC. 11-383 . ENFORCEMENT.

   (A)   The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity.

   (B)   Whenever evidence of a violation of this article is obtained in any part through the participation of a person under the age of 18 years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this article and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

   (C)   Violations of this article are hereby declared to be public nuisances.

   (D)   In addition to other remedies provided by this article or by other law, any violation of this article may be remedied by a civil action brought by the city attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

(Ord. No. 2854, 2973)

SEC. 11-38 4. SEVERABILITY.

   If any section or provision of this article is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision.

(Ord. No. 2973)

ARTICLE XV. RESERVED

Editor’s note:

   Article XV, consisting of sections 11-390 through 11-403 was repealed by section 3 of Ord. 2994, passed 12-15-2020. This article related to medical cannabis delivery and was derived from Ord. No. 2937.

ARTICLE XVI. CANNABIS BUSINESS TAX

SEC. 11-410. TITLE.

   This article shall be known as the cannabis business tax ordinance.

(Ord. No. 2962)

SEC. 11- 411. AUTHORITY AND PURPOSE.

   (A)   The purpose of this article is to adopt a tax, for revenue purposes, pursuant to Cal. Gov’t Code, Sections 37101 and 37100.5, upon cannabis businesses that engage in business in the city. The cannabis business tax is levied based upon business gross receipts and square footage of plant canopy. It is not a sales and use tax, a tax upon income, or a tax upon real property.

   (B)   The cannabis business tax is a general tax enacted solely for general governmental purposes of the city and not for specific purposes. All of the proceeds from the tax imposed by this article shall be placed in the city’s general fund and be available for any legal municipal purpose.

(Ord. No. 2962)

SEC. 11-412. IN TENT.

   The intent of this article is to levy a tax on all cannabis businesses that operate in the city, regardless of whether such business would have been legal at the time this article was adopted. Nothing in this article shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken.

(Ord. No. 2962)